[117th Congress Public Law 300]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 4379]]
Public Law 117-300
117th Congress
An Act
To amend title 38, United States Code, to improve hearings before the
Board of Veterans' Appeals regarding claims involving military sexual
trauma. <<NOTE: Dec. 27, 2022 - [H.R. 6961]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REQUIREMENT FOR TRAINING ON CLAIMS INVOLVING MILITARY
SEXUAL TRAUMA PRIOR TO ASSIGNMENT OF
CERTAIN PROCEEDINGS.
(a) Requirement.--Section 7102 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(c)(1) The Secretary shall ensure that there is offered to each
member of the Board an annual training on military sexual trauma and
proceedings that concern a claim for compensation based on military
sexual trauma experienced by a veteran.
``(2) A proceeding that concerns a claim specified in paragraph (1)
may not be assigned to an individual member of the Board or to a panel
of members unless the individual member, or each member of the panel, as
the case may be, has completed the annual training most recently offered
to that member pursuant to such paragraph.
``(3) In this subsection, the term `military sexual trauma' has the
meaning given that term in section 1166(c) of this title.''.
(b) <<NOTE: Deadline. 38 USC 7102 note.>> First Training.--The
Secretary of Veterans Affairs shall ensure that each member of the Board
of Veterans' Appeals is offered the first annual training under section
7102(c) of title 38, United States Code, as amended by subsection (a),
by not later than 180 days after the date of the enactment of this Act.
(c) <<NOTE: 38 USC 7102 note.>> Applicability.--The limitation
under section 7102(c)(2) of title 38, United States Code, as added by
subsection (a), shall apply with respect to the assignment of
proceedings on or after the date that is 180 days after the date of the
enactment of this Act.
SEC. 2. <<NOTE: 38 USC 1166 note.>> REVIEW OF LANGUAGE AND
PRACTICES USED IN CONNECTION WITH CLAIMS
INVOLVING MILITARY SEXUAL TRAUMA.
(a) Board of Veterans' Appeals.--
(1) In general.--Section 7112 of title 38, United States
Code, is amended--
(A) by inserting ``(a) Remanded Claims.--'' before
``The Secretary''; and
(B) by adding at the end the following new
subsections:
``(b) Claims Involving Military Sexual Trauma.--
<<NOTE: Determination.>> The Board shall promptly determine whether a
notice of disagreement filed with the Board is a covered case.
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``(c) Definitions.--In this section:
``(1) The term `covered case' means a case--
``(A) that concerns a claim for compensation based
on military sexual trauma; and
``(B) for which the appellant has requested a
hearing in the notice of disagreement filed with the
Board pursuant to section 7105 of this title.
``(2) The term `military sexual trauma' has the meaning
given that term in section 1166 of this title.''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section is
amended by striking ``remanded'' and inserting
``certain''.
(B) Table of sections.--The table of sections at the
beginning of chapter 71 of such title <<NOTE: 38 USC
7101 prec.>> is amended by striking the item relating
to section 7112 and inserting the following:
``7112. Expedited treatment of certain claims.''.
(b) Audit and Modification of Denial Letters.--
(1) Requirement.--The Secretary of Veterans Affairs shall
conduct an audit of the language used in letters sent to
individuals to explain the decision by the Secretary to deny
covered claims. <<NOTE: Deadline.>> Not later than 180 days
after the date of the enactment of this Act, the Secretary shall
modify the letters to ensure that--
(A) the letters use trauma-informed language; and
(B) veterans are not re-traumatized through
insensitive language.
(2) Consultation.--The Secretary shall carry out paragraph
(1) in consultation with veterans service organizations and
other stakeholders as the Secretary determines appropriate.
(c) <<NOTE: Protocols.>> Examinations.--The Secretary shall
establish protocols for Department of Veterans Affairs medical providers
and contract medical providers to ensure that the medical providers
conduct examinations regarding covered claims using trauma-informed
practices.
(d) Definitions.--In this section:
(1) The term ``compensation'' has the meaning given that
term in section 101 of title 38, United States Code.
(2) The term ``contract medical provider'' means a medical
provider who contracts with the Department of Veterans Affairs
to provide a medical examination or a medical opinion when such
an examination or opinion is necessary to make a decision on a
claim under the laws administered by the Secretary of Veterans
Affairs.
(3) The term ``covered claim'' means a claim for
compensation based on military sexual trauma experienced by a
veteran.
(4) The term ``military sexual trauma'' has the meaning
given that term in section 1166 of title 38, United States Code.
(5) The term ``trauma-informed'' means, with respect to
language or practices, using language or carrying out practices
in a manner that--
(A) is based on a knowledge of the awareness of the
prevalence and impact of trauma on the physical,
emotional, and mental health of an individual, the
behaviors
[[Page 136 STAT. 4381]]
of the individual, and the engagement by the individual
to services;
(B) is aimed at ensuring environments and services
are welcoming and engaging to the individual who
receives such services and the staff who provide such
services; and
(C) ensures that the language or practices do not
retraumatize the individual.
Approved December 27, 2022.
LEGISLATIVE HISTORY--H.R. 6961:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
May 18, considered and passed House.
Dec. 19, considered and passed Senate.
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